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집행유예
(영문) 서울북부지방법원 2011. 2. 23. 선고 2010고합442 판결

[정치자금법위반][미간행]

Escopics

Defendant 1 and two others

Prosecutor

Park Hong-chul

Defense Counsel

Law Firm KJ et al.

Text

Defendant 1 shall be punished by imprisonment for ten months, by imprisonment for two months, and by imprisonment for three months, respectively.

Provided, That the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendants’ Status

Defendant 1 is the police assigned for special guard belonging to the Chungcheongnam-do Office of Chungcheongnam-do, who is the Chairperson of the National Council for Police Assigned for Special Guard (hereinafter referred to as the "Council"), and Defendant 2 is the police assigned for special guard belonging to the Han River Business Headquarters of Seoul Metropolitan Government, who is the Chairperson of the Branch of the Seoul Metropolitan Council and the Promotion Group for the Improvement of Treatment of Registered Security Guards. Defendant 3 is the police assigned for special guard belonging to the Seoul High Court and the Director General of the National Assembly.

Activities of the Committee on the Law Revision of the Committee

The Cheong Council is a friendship group organized on May 9, 2003 for the improvement of welfare, protection of rights and interests, friendship, etc. of the police assigned for special guard working for state agencies, local governments, etc., and has a branch in Seoul Special Metropolitan City, Metropolitan Cities, Dos, the judiciary, etc., and the number of members is about 10,000.

Since its establishment, the police assigned for special guard (at the same time as the police, promotion to a police officer, senior superintendent, and assistant class according to the training of the police, improvement of treatment according to the promotion of the police), extension of retirement age, etc. were designated as the entertainment project as the entertainment project, and the Police Assigned for Special Guard Act (hereinafter referred to as the "Act") was amended to realize this.

For the purpose of the amendment of the law, the Council was engaged in the following activities:

① On October 15, 2004, at an ordinary meeting of the executive branch, the general meeting held to submit a petition for any amendment to the law, referring the above contents to the National Assembly, and the general meeting of the executive branch of each City/Do, collected special membership fees for each branch of each City/Do, and used it as expenses necessary for the activities of any amendment to the law.

② On December 16, 2004, the National Assembly submitted a petition for amendment of law to the National Assembly jointly with 4,510 members.

③ 2005. 3. 31. 청목회가 섭외한 공소외 1 의원이 대표 발의하고 국회의원 22명이 서명한, 국가기관 또는 지방자치단체에 근무하는 청원경찰의 공무원으로서의 신분 보장, 명예퇴직 및 휴직에 관한 사항을 내용으로 하는 법률 개정안이 발의되어 2005. 6. 13. 행자위에 상정되었으나, 경찰청에서는 공무원의 총정원이 정해져 있는데 1만여 명에 달하는 국가기관 및 지방자치단체 소속 청원경찰을 공무원으로 전환하면 다른 부문의 공무원 수를 감축해야 한다는 이유로 반대하고, 관련부처인 행정자치부는 정부 공공분야의 환경미화원, 집배원 등 비정규직과의 형평성 문제 등의 이유로 이를 반대하고, 기획예산처는 행정자치부 논거에 덧ㅤㅂㅓㅌ여 열악한 국가재정과 유사직 근로자와의 형평성 문제 등을 들어 반대하여 2005. 6. 15. 행자위 법안심사소위에서 핵심 내용인 공무원 신분 보장 규정은 삭제되었다. 2005. 6. 20. 국회 행자위 전체회의에서 법안심사소위 의결대로 공무원 신분 보장 규정을 수용하지 않기로 의결되었고, 2005. 6. 29. 국회 본회의에서도 같은 내용으로 의결되었다.

④ Around that time, the problem was discussed about the improvement of treatment of the police assigned for special guard belonging to state agencies and local governments, including the grading system several times from 2007, but the conclusion was not reached at the 17th National Assembly by continuously opposing the police assigned for special guard working for general enterprises and government non-regular workers in the public sector, and there was no progress in the improvement of treatment of the police assigned for special guard thereafter.

⑤ Under such circumstances, on August 26, 2008, at the meeting room of the Daejeon KTX-based company, Defendant 1 was held to be the chairman of the Cheongh Council, Defendant 3 was elected as the secretary general, and Defendant 2 was newly established as the head of Defendant 2 to fully promote the amendment of the law, to propose the amendment of the Act on the Improvement of Treatment in the Police Assigned for Special Guard in early 2009, and to allow the National Assembly to go to the branch of the National Assembly within 2009. The policy was established on September 23, 2008 by opening the special membership fee account in the name of Defendant 1, and the account number was announced in the Cheongh-gun (DUM) car page on September 23, 2008, and the special membership fee-raising activities of KRW 100,000 per member were actively conducted, and the special membership fee-raising activities began to be carried out to the account of around 350,000,00 won for each member.

⑤ From October 2008, executives, including Defendant 1, 2, and 3 requested cooperation in the amendment of the law by Defendant 2, etc. to the National Assembly members, and Defendant 1 visited the National Assembly on October 16, 2008, etc.

7) On January 16, 2009, at the Daejeon conference conference room, Defendant 1 held a briefing session meeting to realize the grading system, and Defendant 1 posted a letter on January 20, 2009, stating that “In order to realize the grading system, Nonindicted 2 National Assembly members, who belong to the Democratic Party Administrative Safety Committee, received a promise to resolve their proposals, and actively endeavored to cooperate with ten National Assembly members assistants,” and that Defendant 3 ought to interfere with the regional council members in car page on January 20, 2009.

8. On February 14, 2009, the Daejeon Viewing Center urged the payment of special membership fees by holding a meeting of a meeting of a meeting of a meeting of a meeting on the basis of the special agreement, and accordingly, by November 2009, the membership fees to be used for the amendment of the Act was collected at KRW 650 million by adding the carry-over amount to KRW 70 million by November 200.

① On April 8, 2009, Nonindicted 3 of the National Assembly members proposed a bill of amendment on the law with the contents of the grading system for police assigned for special guard and the extension of the retirement age of one year, and submitted it to the Administrative Safety Committee of the National Assembly on April 9, 2009 (hereinafter referred to as the “Administrative Security Committee”). On April 14, 2009, Nonindicted 2 of the National Assembly members proposed a bill of amendment with similar contents of the law, and was referred to the bill on April 15, 2009.

In relation to the amendment of the Act, the National Police Agency, which is the competent authority, has to approve in principle the National Police Agency with respect to the grading system, not more remuneration than the police according to the period of service, and has taken the position to make a decision in consultation with the relevant ministries, and the Ministry of Public Administration and Security, which is the Ministry of Public Administration and Security, has opposed to the contrary on the ground that it is difficult to accept the police officer as the police officer assigned for special guard is deemed the same as the police officer, and the Ministry of Strategy and Finance, which is the relevant ministry, has opposed to the contrary on the ground that the Ministry of Strategy and Finance, compared to the poor national finance, the proliferation of the demand for additional remuneration

1) After that, until December 2009, the Defendants had the president of the branch of the National Assembly of the Republic of Korea prepare an interview space with the members of the local constituency, and the Defendants prepared an interview space, with the intention of having the members of the National Assembly in the whole country cooperates in the passage of the draft of the amendment of the law by making out an interview with the members of the local constituency and requesting the cooperation of the members of the National Assembly in the passage of the draft of the amendment of the law, and keeping the record of the amendment of the law by having the members of the National Assembly in the number of 200s

(12) On the other hand, in the National Assembly, the member of the National Assembly and the members of the National Assembly who are likely to propose a bill of law by using the special membership fee collected from September 2008 as above, provided money and valuables as support payments to the members of the National Assembly, provided some money and valuables to the members of the National Assembly, and passed a resolution on October 17, 2009 to actively lead the cooperation of the members of the National Assembly in the process of the amendment of law by holding a special meeting of the National Assembly at the Chungcheongnam-do Council and by holding the members of the National Assembly, including the Defendants, at the National Assembly on October 17, 2009, by supporting the members of the National Assembly in full amount of KRW 5 million to the members of the National Assembly, according to the degree of contribution and importance to the amendment of the law.

(13) The public hearing on the amendment of the Act organized by Nonindicted 2 of the National Assembly on September 9, 2009 was concluded in a successful manner at the National Assembly, and each amendment of the Act proposed by Nonindicted 2 and Nonindicted 3 of the National Assembly members was introduced on September 24, 2009; the subcommittee for examination of the Act including the Government submitted proposal on November 25, 2009; the alternative on the basis of the amendment of Nonindicted 2 National Assembly members at the plenary meeting on December 15, 2009; the decision on the plenary meeting at the Legislation and Judiciary Committee on December 22, 2009; the bill at the plenary meeting at the plenary meeting at the National Assembly on December 29, 2009; the amendment of the Act from July 1, 2010 to the police assigned for special guard was implemented for less than three years, while the police assigned for special guard was under five years after his/her tenure of office was recognized to be subject to disciplinary action for less than three years; and the police assigned for less than five years.

Defendants’ Crimes

As seen above, the Defendants thought that the proposal of a bill of amendment, the submission and resolution of the competent standing committee, the review of the bill review subcommittee, the Legislation and Judiciary Committee, the resolution of the plenary session and the resolution of the plenary session are essential, and in order to have the members of the National Assembly actively participate in the proposal, examination, etc. of the bill, they thought that the Defendants would provide money and valuables to the members of the National Assembly. However, in order to prevent the disclosure of illegality, such as the provision of organization funds to the election commission that manages and supervises the receipt of political funds, the Defendants would be in appearance to offer small amount of political

In a specific way, the following are classified as class 3 depending on the degree of involvement in the amendment of laws in the administration, the Legislation and Judiciary Committee, and the Special Committee on Budget and Accounts, and the individual's active nature, and the amount of 20 million won shall be paid in 10,000,000 won or more. After having interviewed the National Assembly members in the same way as in the above paragraph (1) to request cooperation in the amendment of Acts and subordinate statutes, and to request cooperation at a meeting of the National Assembly members and to provide assistance at a meeting of the National Assembly members, and ① sending special membership fees to each region, and deposit 10,000 won in the account of a National Assembly member by using the names of the police assigned for special guard in the region or other region and their families and relatives, and simultaneously sending or sending en bloc a list of supporters to the office of a National Assembly member, ② promoting support payments and list to the office of a National Assembly member and bringing about the above acts to the National Assembly member or the National Assembly member office of the National Assembly, and Defendant 1 who provided money and valuables to the National Assembly member.

Accordingly, on April 209, the Defendants expressed 10 billion won to Nonindicted 2, via Nonindicted 2’s assistant to the above Nonindicted 3, 100 won of the National Assembly member’s account opened in the name of Nonindicted 2, 300 won, and 10 billion won of the National Assembly member’s account opened in the name of Nonindicted 2, 300 won of the above 100 won of the National Assembly member’s account (in the name of Nonindicted 2, 100 won of the above 100 won of the National Assembly member’s account opened in the name of Nonindicted 3, 200, 2000 won of the above 100 won of the National Assembly member’s account opened in the name of Nonindicted 2, 300 won of the above 10-700 won of the National Assembly member’s account opened in the name of Nonindicted 2, 200 won of the above 10-700 won of the National Assembly member’s account.

As a result, the Defendants conspired to make a contribution of political funds in relation to the proposal, examination, and revision of legislative bills, which are the affairs to be managed by the members of the National Assembly who are public officials, in collusion with the organization.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made by each prosecutor of the prosecutorial office on Nonindicted 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, the statement made by Nonindicted 25 in the fourth prosecutorial examination protocol against Defendant 2, and the statement made by Defendant 1 in the second prosecutorial examination protocol against Nonindicted 19.

1. Each statement written by the prosecutor on Nonindicted 26, 27, 28, 29, 30, 31, and 32

1. Each description of the statements written in Nonindicted 33, 34, 35, 36, 37, 38, 39, 40, and 41

1. Each description of the records of seizure as of March 10, 2010; records of seizure as of October 10, 2010; records of seizure as of October 28, 2010; records of seizure as of October 28, 2010; and records of seizure as of November 10, 2010;

1. Investigation report [the report on the status of activities of the National Council of Public Officials in 2002-205] attached to the notice materials of the National Council of Public Officials in 2009; the attached materials of the "Public Assembly of Public Officials in 2009"; the attached materials of the "Public Assembly" on February 14, 2009; the attached materials of the "Public Assembly related to the National Assembly" on March 19, 2009; the attached materials of the public hearing for improving treatment of the police assigned for special guard; the attached materials of the public hearing for improving treatment of the police assigned for special guard; the attached materials of the public hearing for improving treatment of the police assigned for special guard on September 22, 200; the attached materials of the National Assembly of Public Assembly of Public Officials in 209-205; the attached materials of the National Assembly of Public Assembly of Public Officials in 2009-3/4; the attached materials of the National Assembly of Public Officials in 2009-20-200 attached to the list of the attached materials to the National Assembly report.

1. Investigation report on the preparation of an assistant inspector for prosecution (report on the collection of special membership fees in the name of a member of the National Assembly for the amendment of the Registered Security Guard Act, attachment of materials related to the collection of special membership fees in the name of support payments, attachment of materials related to non-member of the National Assembly for the amendment of the Police Assigned for Special Guard Act, attachment of materials related to non-member of the National Assembly for the amendment of the Police Assigned for Special Guard Act, calculation of the estimated amount of collection of special membership fees by branch office in Seoul Special Metropolitan City Council in July 17, 2009, attachment of materials related to non-member dispatch and special membership fees - attachment of materials related to non-member dispatch and special membership fees - attachment of materials related to non-member dispatch and special membership fees - attachment of materials related to non-member dispatch of the National Assembly on September 22, 2009, attachment of materials such as report on the current status of non-member dispatch of the National Assembly members for legislative proposal, attachment of materials related to non-indicted 3's list of support funds 2010.

1. Each statement of investigation report on the preparation of the assistant prosecutorial police officer's report (the document attached to "the details of the meeting between the 44 council members and the special meeting of the National Council Chairperson" on September 16, 2009, the document attached to the document attached to the list of non-indicted 45 council members, non-indicted 46 council members' meeting and the photographic reference report, the document attached to the data on contact with the council members of major executive officers, including Defendant 1 of the National Assembly members' meeting of the Republic of Korea, the document attached to the name of the defendant 2, the document attached to the name of the defendant 2, the copy of the bill attached to

1. Preparation of an investigation report on the collection of the prosecution report for the National Assembly members [the 20th National Assembly member cooperatives and the report on the data verifying the accounts related to support payments, the report on the account tracking at 2010 Warrants 185 (one time), the report on the results of tracing the funds of the National Assembly members' special gathering (the results of three times), the report on the confirmation of the status of sponsoring the funds of the National Assembly members' associations, the report on the search and seizure warrant (the results of four times), the tracking of the funds of the National Assembly members' special gathering meetings at 20th 3850, the report on the current status of sponsoring the funds of the National Assembly members' special gathering, the report on the collection of the funds of the National Assembly members' associations related to the 10th 2nd 5th 2nd 2nd 2nd 2nd 30,000, the report on the special spending of the funds of the National Assembly members' association, the reporting on the funds tracking of the funds of non-indicted 2, the head of the local finance-related regions;

1. Investigation report on the preparation of the prosecutorial assistant book [the report on the details related to the support fund for Nonindicted 2 member of the National Assembly from among the accounts in the name of Nonindicted 17 (Account Number 5 omitted), accompanying the national bank account (Account Number 2 omitted), accompanying the documents related to the entry and withdrawal of the Korean bank account (Account Number 2 omitted), accompanying the documents related to Nonindicted 2 support fund of the National Assembly member of the National Assembly on July 7, 09, accompanying the documents related to Nonindicted 2 support fund of the National Assembly member of the Republic of Korea, Nonindicted 2’s KRW 10,000,000 won-related to Nonindicted 2’s KRW 101,000,000 won-related to Nonindicted 2’s non-indicted 2’s visa, Nonindicted 8,9, Nonindicted 2’s visa, Nonindicted 2’s assistant to the National Assembly member of the National Assembly, Nonindicted 7 and the executive officers of the National Assembly on December 29, 2009] attached the documents attached to Nonindicted 32.

1. Each entry into an investigation report on preparation of assistant prosecution officials (attached materials related to support of KRW 20 million in the amount of KRW 4-2,00,000,000, and a copy of the name cards of related persons);

1. Entry into an investigation report on preparation of assistant prosecution officials for prosecution (the attachment of materials related to support of KRW 10 million,00,000,000);

1. Entry into an investigation report on preparation of an assistant prosecutorial police officer (in addition to materials related to support of KRW 10 million,00,000,000,000 won);

1. Entry into an investigation report on preparation of assistant prosecution officials for prosecution (attached to materials related to support of KRW 10 million,00,000,000);

1. Statement of investigation report on the preparation of the prosecution assistant book (the attachment report on the materials posted on the support of a supporters' association, which was September 30, 2009, by the National Assembly Chairperson of Non-Indicted 5)

1. Entry of a report on investigation into the preparation of assistant prosecution officials for prosecution (attached to materials related to support of KRW 2 million,00,000,000);

1. Each description of investigation report on preparation of prosecution assistant records (the attachment of materials related to support KRW 5.3 million, KRW 5.3 million, KRW 5.3 million, and the analysis of the details of transactions of support payments related to Nonindicted 51 Council members);

1. Entry of a report on investigation into the preparation of assistant prosecution officials for prosecution (attached to materials related to support of the amount of five million won, other than the prosecution officials, five million won);

1. Entry of a report on investigation into the preparation of assistant prosecution officials for prosecution (attached to materials related to support of KRW 5 million other than the prosecution officials 5.3 million);

1. Each description of the investigation report on the preparation of the prosecution assistant book (the report on the details of support payments for the non-indicted 54 member of the Korean bank account (Account Number 6 omitted) in the name of the defendant 2, accompanied by the attachment of the data related to the support of the non-indicted 54 member of the non-indicted 5 million won, and a copy

1. Entry into an investigation report on preparation of assistant prosecution officials for prosecution (Attachment of materials related to support of KRW 5 million other than the prosecution, which shall be KRW 5 million);

1. Four copies of a copy of the donations;

1. Confirmation and report of the revision of the Police Assigned for Special Guard Act, and each report attached thereto;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 45(2)5 and 31(2) of the Political Funds Act; Article 30 of the Criminal Act (the fact that a contribution of a group-related political fund is made, an election of imprisonment is made), Articles 45(2)5 and 32 subparag. 3 of the Political Funds Act; Article 30 of the Criminal Act (the fact that a contribution of a political fund is made in connection with a solicitation concerning the duties of a public official in charge and handling thereof; the choice of imprisonment)

1. Aggravation for concurrent crimes;

Defendants: Articles 37 (former part), 38 (1) 2, and 50 (4) of the Criminal Act concerning solicitation-related political funds relating to affairs in charge and handled by a public official with the largest degree of the nature and circumstances)

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (The conditions favorable to the Grounds for Sentencing below)

Grounds for sentencing

Article 1 of the former Political Funds Act (amended by Act No. 7191 of Mar. 12, 2004, and amended by Act No. 7682 of Aug. 4, 2005) and Article 1 of the current Political Funds Act provide that the legislative purpose of this Act is to contribute to the sound development of democratic politics "by guaranteeing the adequate provision of political funds, securing the transparency of political funds, and preventing any malpractice related to political funds." Unlike the previous provisions of Article 12 of the former Political Funds Act (amended by Act No. 7191 of Mar. 12, 2004), Article 12 of the former Political Funds Act (amended by Act No. 7191 of Mar. 12, 2004) and Article 31 of the current Political Funds Act limit not only the contribution of political funds to foreigners, domestic or foreign corporations or organizations, but also the contribution of political funds to each domestic or foreign organization (Article 12 (1) of the aforementioned Act).

This is because a juristic person or organization has superior social and economic status compared to an ordinary individual, and has a complicated interest, the contribution of political funds to such juristic person or organization is likely to corrupt political activities and is likely to impair the people's trust in transparency and fairness of political activities. Therefore, the defendants violated the provisions of this case in order to prevent the denial of political funds.

The Defendants: (a) had the intent to amend the law by soliciting the members of the National Assembly to raise remuneration for the police assigned for special guard through the extension of their retirement age and the introduction of grade system; (b) had the Defendants paid support money at the rate of KRW 500,000 per capita from KRW 500,000 to KRW 50,000 in consideration of the degree of contribution, status, division of affiliation, etc. of the National Assembly members with respect to the amendment of the bill; and (c) have planned the Defendants to commit the crimes systematically and systematically, such as distributing 10,000 won per person in the names of individuals, police assigned for special guard or his family members in order to minimize their financial burden by receiving the receipt of political fund after the amendment of the Political Funds Act; and (d) have expressed 38 members of the National Assembly with respect to the Defendants’ unlawful political funds whose total amount of 300,000 won or more per person in the name of each of the members of the National Assembly; and (d) have decided to amend the law that was inevitable by the National Assembly members of this case.

However, on behalf of the police assigned for special guard for whom the defendants had been exposed to improvement of poor treatment for a long time, and there has been a consensus on this point, and the amendment of the Act in this case seems to have been passed without the opposition from the plenary session of the National Assembly at the plenary session of the National Assembly (by the plenary session of the plenary session of the National Assembly on December 29, 2009, the number of the members of the National Assembly passed by 178, 00, 4). Defendant 1 and 3 have no record of criminal punishment, and Defendant 2 has been sentenced to a fine of one million won due to the crime of violation of the Road Traffic Act (driving) around 200, and Defendant 2 has served as the police assigned for special guard for a long time, and in consideration of all the records, it is decided to suspend the execution of the above punishment against the defendants for each two years.

[Attachment]

Judge Gangwon-hee (Presiding Judge) Lee Jong-hee